Land dispute - Adverse Posession

[Scrumpy11]

Dear Sir/Madam,

A pub I frequented over the years, have looked after/ used some land at the rear of their pub for 23 years, since they've been there. However, thinking it was actually part of their land, they ever legally claimed it.

Someone has purchased the house at at the rear, claiming that the land is theirs. Thtewtening thebowners of the pub, "we have more money than you and can arrord legal bills!"

Does the pob owners have any legal right to kerp the land? Given the fact they never claimed it!

I appreciate any assistance you can offer.

Kind regards

Stevieb

[atticus]

If the title to the land is registered in the names of the people at the rear, they probably have the upper hand.

Do the pub owners not have legal expenses insurance cover?

[Scrumpy11]

I will ask. Thank you.

[islandgirl]

was it fenced as part of the pub grounds? How was it used?

[Scrumpy11]

It was fenced off. The pub had a marquee, extending where they had bands on.

[islandgirl]

That helps! Hopefully they can get legal advice via insurance - an adverse possession claim would be made to the Land Registry and both sides would have to put their case...

[atticus]

Things have changed a lot since the Land Registration Act 2002. 12 years 'adverse possession' is no longer sufficient. You need to read and understand Schedule 6 of that Act: https://www.legislation.gov.uk/ukpga/2002/9/schedule/6

[Scrumpy11]

Thank you. I will read this tomorrow. Working noghts this week.

I really appreciate all the advice/ guidence.

Kind regards


Stevieb

[islandgirl]

Thank you atticus - as I understand it actively using the land makes a difference?

[atticus]

Look at paragraph 5 of Schedule 6. Active use is not one of the listed matters, but it may go towards establishing one of them.